If the hearing officer finds a landowner has been denied all beneficial use of his property, then he shall recommend that relief be granted.
A. Minimum Increase. In granting relief, the landowner shall be given the minimum increase in use intensity or other possible concessions from this title to permit a beneficial use of the land. The highest use, or even an average reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum beneficial use of property and, therefore, the amount of relief to be granted a landowner to reach that minimum.
1. The standards of Section 17.100.322 shall be used to indicate the need for additional density or uses.
2. The limited development potential, given the natural condition of the property, shall not be attributed to the regulations applied to the property. If the property is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall be taken into account in identifying the best site for development that minimizes costs of development. Any savings to the developer in land modification shall be considered in determining the beneficial use.
3. The potential for damages to either residents or property shall be assessed in determining a beneficial use. Conditions shall be placed on sites where damage from building on hazardous conditions is likely. The conditions may include location restrictions, size limitations, construction practices, and shall require a building to be built so it will not be damaged.
B. Granting of Relief. The decision of the hearing officer shall be ratified by the city commission at its next regularly scheduled meeting. The ratification shall be by resolution. If the city commission does not ratify a grant of relief recommended by the hearing officer, it shall conduct a public hearing to amend this title in accordance with the standards of Section 17.100.212. Under no conditions shall relief be granted unless there is a finding of no beneficial use. (Ord. 1495-96 § 3(part), 1996).